when a detailed oral hearing is to be conducted

2. What are the extra-ordinary circumstances when even for imposition of minor penalty, a detailed oral hearing is to be conducted? The circumstances when detailed oral hearing is held for imposition of minor penalty fall under two broad categories viz. optional and obligatory. (a) Rule 16(1)(b) of the CCA Rules provide that even for imposing a minor penalty, detailed oral hearing as provided for in Rule 14(3) to 14(23) of the CCA Rules may be held in every case in which the Disciplinary authority is of the opinion that it is necessary. Disciplinary authority’s decision to conduct detailed oral hearing may be either suo mottu or based on the request of the delinquent. Generally, where either of the parties may rely on oral evidence, it would be necessary to conduct oral hearing. If the evidence is purely documentary in nature, there may not be any need for conducting detailed oral hearing unless the case is covered by the provisions relating to obligatory conditions as explained hereunder. 73 (b) As per sub Rule (1-A) of Rule 16 of the CCA Rules it is mandatory to conduct detailed oral hearing provided for in Rule 14(3) to 14(23) of the CCA Rules, if it is proposed, after considering the representation of the delinquent employee if: (i) it is proposed to impose the penalty of withholding of increments of pay and the same is likely to affect the amount of pension payable to the delinquent employee; or (ii) it is proposed to impose the penalty of withholding of increments of pay for a period exceeding three years; or (iii) it is proposed to impose the penalty of withholding of increments of pay with cumulative effect for any period.